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colorado marijuana seeds legal

Colorado Laws and Penalties

Private possession by persons 21 years of age or older of up to two ounces of either cannabis flower or concentrates is no penalty. Private cultivation of up to six marijuana plants, with no more than three being mature is no penalty. Transfer of two ounces or less for no remuneration is no penalty.

  • Colo. Const. Art. XVIII, Section 16(3) Web Search

Possession of more than 2 ounces is a drug petty offense that is punishable by a maximum fine of $100. The offender will be summoned and a court appearance is mandatory. Failure to appear in court is a Class 3 misdemeanor, which is punishable by up to 6 months in jail and a fine of up to $750.

Possession of more than 2 to 6 ounces of marijuana is a level 2 drug misdemeanor, punishable by up to 1-year imprisonment and a fine not to exceed $700.

Possession of more than 6 ounces to 12 ounces is a level 1 drug misdemeanor, which is punishable by up to eighteen months of imprisonment and a fine of $500 – $5000.

Possession of more than 12 ounces is a level 4 drug felony which is punishable by 6 months – 2 years of imprisonment, as well as a fine between $1,000-$100,000.

One who openly and publicly displays, uses, or consumes 2 ounces of marijuana or less is guilty of a drug petty offense and may be subject to 24 hours of community service as well as a maximum fine of $100.

  • § 18-1.3-401.5 Web Search
  • § 18-1.3-501 Web Search
  • §§ 18-18-406(4), (5) Web Search
Possession with Intent to Distribute

Possession of 8 ounces of marijuana or more is a lesser-included offense of possession with the intent to distribute. Each element of the possession offense is included except the quantity, which is a sentence enhancer, not an essential element of the offense.

  • People v. Garcia, 251 P.3d 1152 (Colo. App. 2010). Web Search
Sale or Distribution

Transfer of two ounces or less for no remuneration by persons 21 years of age or older is no penalty.

  • Colo. Const. Art. XVIII, Section 16 Web Search

Retail sales of cannabis by state-licensed entities to those over the age of 21 are regulated in this state. Marijuana sales by unlicensed entities remain subject to criminal penalties.

The sale of 4 ounces or less of marijuana is a level 1 drug misdemeanor punishable by 6-18 months imprisonment as well as a fine between $500-$5,000.

The sale of more than 4 ounces, but not more than 12 ounces of marijuana is a level 4 drug felony and punishable by a sentence of 6 months – 2 years and a fine of $ 1,000 – $ 100,000.

The sale of more than 12 ounces but not more than 5 pounds of marijuana is a level 3 drug felony punishable by a sentence of 2 – 6 years and a fine of $ 2,000 – $ 500,000.

The sale of more than 5 pounds but not more than 50 pounds of marijuana is a level 2 drug felony punishable by a sentence of 4 – 16 years and a fine of $ 3,000 – $ 750,000.

The sale of more than 50 pounds of marijuana is a level 1 drug felony and punishable by a sentence of 8 – 32 years and a fine of $ 5,000 – $ 1,000,000.

  • § 18-1.3-401.5 Web Search
  • § 18-1.3-501 Web Search
  • § 18-18-406(2)(b) Web Search
To a Minor:

The sale, transfer, or dispensing of not more than 1 ounce of marijuana to a minor if the person is an adult and two years older than the minor is a level 4 drug felony punishable by a sentence of 6 months – 2 years and a fine of $ 1,000 – $ 100,000.

The sale, transfer, or dispensing of more than one ounce, but not more than six ounces of marijuana to a minor if the person is an adult and two years older than the minor is a level 3 drug felony punishable by a sentence of 2 – 6 years and a fine of $ 2,000 – $ 500,000.

The sale, transfer, or dispensing of more than 6 ounces, but not more than 2.5 pounds of marijuana to a minor if the person is an adult and two years older than the minor is a level 2 drug felony punishable by a sentence of 4 – 16 years and a fine of $ 3,000 – $ 750,000.

The sale, transfer, or dispensing of more than 2.5 pounds of marijuana to a minor if the person is an adult and two years older than the minor is a level 1 drug felony punishable by a sentence of 8 – 32 years and a fine of $ 5,000 – $ 1,000,000.

  • § 18-1.3-401.5 Web Search
  • § 18-1.3-501 Web Search
  • § 18-18-406(1) Web Search
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Cultivation

There is no penalty in Colorado for persons who privately cultivate up to 6 marijuana plants, with no more than 3 being mature.

  • Colo. Const. Art. XVIII, Section 16(3) Web Search

The cultivation of 6 plants or fewer is a level 1 drug misdemeanor punishable by 6-18 months imprisonment as well as a fine between $500-$5,000, if not at least 21 years of age.

The cultivation of more than 6 but not more than 30 plants is a level 4 drug felony punishable by 6 months – 2 imprisonment as well as a fine between $1,000-$100,000.

The cultivation of more than 30 plants is a level 3 drug felony punishable by 2-6 years imprisonment as well as a fine between $2,000-$500,000.

  • § 18-1.3-401.5 Web Search
  • § 18-1.3-501 Web Search
  • 18-18-406(3) of the Colorado Revised Statutes Web Search
Hash & Concentrates

Private possession by persons 21 years of age or older of up to two ounces is no penalty.

  • Colo. Const. Art. XVIII, Section 16 Web Search

Possession of more than 2 – 3 ounces of hashish or extracts is a level 1 misdemeanor punishable by a fine between $500 and $5,000 dollars and/or a term of imprisonment between 6 and 18 months.

Possession of more than 3 ounces of marijuana concentrate commits a level 4 drug felony punishable by 6 months – 2 years imprisonment as well as a fine between $1,000-$100,000.

  • § 18-1.3-401.5 Web Search
  • § 18-1.3-501 Web Search
  • § 18-18-406(4) Web Search

The sale of 2 ounces or less of marijuana concentrate is a level 1 drug misdemeanor punishable by 6 -18 months imprisonment as well as a fine between $500-$5,000.

The sale of more than 2 ounces – 6 ounces of marijuana concentrate is a level 4 drug felony punishable by 6 months -2 years imprisonment as well as a fine between $1,000-$100,000.

The sale of more than 6 ounces – 2.5 pounds of marijuana concentrate is a level 3 drug felony punishable by 2 – 6 years imprisonment as well as a fine between $5,000-$500,000.

The sale of more than 2.5 – 25 pounds is a level 2 drug felony punishable by a sentence of 4 – 16 years and a fine of $ 3,000 – $ 750,000.

The sale of more than 25 pounds is a level 1 drug felony punishable by a sentence of 8 – 32 years and a fine of $ 5,000 – $ 1,000,000.

  • § 18-1.3-401.5 Web Search
  • § 18-1.3-501 Web Search
  • § 18-18-406(2)(b) Web Search
Sale to a Minor:

The sale, transfer, or dispensing of more than 1 pound of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 1 drug felony punishable by a sentence of 8 – 32 years and a fine of $ 5,000 – $ 1,000,000.

The sale, transfer, or dispensing of more than 3 ounces, but not more than 1 pound of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 2 drug felony punishable by a sentence of 4 – 16 years and a fine of $ 5,000 – $ 750,000.

The sale, transfer, or dispensing of more than .5 ounces, but not more than 3 ounces, of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 3 drug felony punishable by a sentence of 2 – 6 years and a fine of $ 2,000 – $ 500,000.

The sale, transfer, or dispensing of not more than .5 ounces of marijuana concentrate to a minor if the person is an adult and two years older than the minor is a level 4 drug felony punishable by a sentence of 6 months – 2 years and a fine of $ 1,000 – $ 100,000.

  • § 18-1.3-401.5 Web Search
  • § 18-1.3-501 Web Search
  • § 18-18-406(1) Web Search
Paraphernalia

Possession of paraphernalia is a drug petty offense that is punishable by a fine of up to $100.

  • § 18-18-428 of the Colorado Revised Statutes Web Search
More Information
Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

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EXPUNGEMENT

This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have past marijuana convictions expunged, vacated, otherwise set aside, or sealed from public view.

Legalization

Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.

Everything You Need to Know about Colorado’s Marijuana Cultivation Laws

When you believe that you may be in violation of Colorado marijuana cultivation laws, the time to act is immediate.

Most Colorado citizens are well aware of the legalization of marijuana in their state. With the implementation of legalization came general public service information regarding the use of recreational marijuana.

However, the knowledge often stops there. There remains ample confusion regarding cultivation regulation. Here is everything you need to know relating to Colorado marijuana cultivation laws and what to do if you are being charged with a drug charge.

Colorado’s Legalization of Marijuana

Passed by ballot initiative in 2012, Amendment 64 legalized the private consumption of marijuana in Colorado, and the state officially added it to the state’s constitution on December 10, 2012.

Following the passing of this Amendment came regulations regarding many things, including marijuana cultivation. Here is where some of these laws stand now.

Home Grown Marijuana Cultivation in Colorado

Coloradans can grow marijuana in their homes for personal use. The Colorado government provides some relatively clear information regarding colorado marijuana cultivation laws for those growing at home. If you are being charged with a drug crime you should contact an attorney to go over the charge in Colorado.

The specifics citizens should keep in mind include that:

  • Coloradans can grow marijuana in their homes for personal use;
  • Up to six plants are allowed per Colorado resident over age 21, with as many as three plants flowering at one time;
  • All residences are limited to a maximum of 12 plants unless certain requirements are met (local laws can vary); and
  • Marijuana plants must be kept in an enclosed, locked area that can’t be viewed openly—this means the plants can’t be outside.

The above is a good starting point to grasp home growing cultivation basics. However, counties and municipalities can pass stricter laws. Also, the rules are different for medical marijuana users.

If a person is concerned about where they stand regarding existing or future compliance with cultivation regulations, they should contact a Colorado attorney with experience in marijuana cultivation crimes.

When law enforcement charges a person with a violation of homegrown Colorado marijuana cultivation laws, they should urgently reach out to a cultivation defense firm.

Facility Marijuana Cultivation in Colorado

Colorado marijuana cultivation laws for facilities have additional considerations. These laws involve:

  • An application to be a facility,
  • The government granting the applicant a license, and
  • Fees for both the application and license.

Based on the number of marijuana plants the facility intends to cultivate, the government will assign the Colorado recreational marijuana cultivation facility a tier of licensure. These tiers are as follows:

  • Tier 1 (1-1,800 plants),
  • Tier 2 (1,801-3,600 plants),
  • Tier 3 (3,601-6,000 plants),
  • Tier 4 (6,001-10,200 plants), and
  • Tier 5 (10,201-13,800 plants).

Costs for the application and licensure in total can range from hundreds to thousands of dollars. The license application fee for growers, processors, and dispensaries is per facility and per license type. To stay compliant with the law, facilities must remain current with yearly renewals.

As with home growing situations, the rules are different for medical marijuana facility cultivation.

Colorado’s General Stance on Cultivation

The standard rules from OSHA and state laws that regulate businesses apply to marijuana cultivation facilities. In many ways, people consider Colorado a reasonably progressive state regarding marijuana cultivation laws. For home growers, the Colorado government actively suggests that people grow with care.

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Some of their advice includes that home growers:

  • Only use carbon dioxide generators that are safe for indoor use;
  • Wear personal protective equipment when using pesticides; and
  • Make sure a licensed electrician installs all lights and other equipment to prevent fire hazards.

However, do not take these helpful hints to indicate that Colorado is lenient regarding the violations of marijuana cultivation laws. Just how serious are they in this regard?

Those who are growing marijuana in their home or at a facility, especially if they fear being in trouble with the law, have a reason for concern.

Consequences of Violating Colorado Marijuana Cultivation Laws

There is no penalty in Colorado for persons who privately cultivate marijuana within the legal limits. But if one violates those limits, tough laws regarding drug felony penalties may address the consequences.

Based on the amount one has above the legal limit and other factors (such as whether the person has prior convictions), one may face:

  • A mandatory court appearance,
  • Punishment of up to 2 years of imprisonment, and
  • A fine of up to $100,000,

For cultivation in a facility, there are additional considerations. These include that:

  • Marijuana sales by unlicensed entities are broadly subject to criminal penalties;
  • The state regulates retail sales of cannabis by state-licensed entities to those over the age of 21;
  • The Department of Revenue also regulates the retail marijuana industry; and
  • Criminal statutes provide punishments for those who violate facility cultivation laws.

Therefore, when facilities violate Colorado marijuana cultivation laws, the penalties may well surpass those of home growers and may come from various agencies and judicial jurisdictions.

Some Colorado criminal lawyers may have an idea of penalties for violations and how to defend against charges. However, given the complexity of Colorado marijuana cultivation laws, Coloradans who believe they need legal help in this arena need to reach out to a top-notch law firm with experience.

Minors and Colorado Marijuana Cultivation Laws

As with all states, Colorado has numerous laws to protect juveniles from abuse and neglect and lead them away from delinquency.

Those cultivating marijuana need to understand that there are special considerations regarding minors and cultivating marijuana in homes and facilities. Specifically:

  • At homes with residents under 21, any marijuana grow area must be enclosed and locked in a separate space that minors can’t access;
  • At homes without residents under 21, home growers must take extra precautions to make sure any visiting youth don’t have access to marijuana plants; and
  • The sale, transfer, or dispensing of marijuana to a minor carries hefty penalties.

The law also drives the point home by adding that those working in a facility cultivating marijuana must be age 21 or older. The endpoint is this: If you are cultivating marijuana in the home or a facility, make sure there is no connection to or access available for minors under the age of 21.

You will want someone to answer your questions, prepare your case if needed, and remove the legal burden.

The Lux Law Firm: Protecting Families, Freedoms, and Futures

The Lux Law Firm is a criminal defense law firm based in Colorado Springs, Colorado. Lead attorney Austin Lux transitioned from his work as a county prosecutor into criminal defense private practice.

He has also held roles training local law enforcement agencies and working with the Federal Drug Enforcement Agency (DEA). As a result, he now uses his massive understanding of the criminal justice system and skills as a trial attorney to represent his firm’s clients.

Austin is professional, approachable, and highly skilled in criminal defense. He has an outstanding ability to negotiate with district attorneys and law enforcement members, handle everyday and explosive cases in the courtroom, and always stand up for clients.

Legal troubles can impact every aspect of your life. If you fear you may be in trouble with the law, the first call should be to The Lux Law Firm at (719) 368-7698. The Lux Law Firm is also available online. We are ready to defend you 24/7.